How to Fire Someone: Guide To Correct Employee Termination

Firing an employee is one of the hardest responsibilities for any manager or business owner. Learning how to fire someone properly requires balancing legal compliance, clear communication, and empathy—especially when the decision affects morale, operations, and the employee’s future. Terminations are often stressful for both sides, but when handled professionally, they protect your business, support your team members, and reduce the risk of legal action.

Because every state has different employment laws, and because termination processes must be documented correctly, it’s essential to understand what’s required before informing the employee. Whether you’re managing poor performance, an attendance pattern, or an employee who simply isn’t a good fit, a structured approach ensures fairness and consistency.

This guide will cover:

• how to know when it’s time to fire someone
  
• how to prepare legally before terminating the employee
  
• how to run a professional, respectful termination meeting
  
• scripts for different scenarios (including phone and text examples)
  
• how to fire someone in California, including Los Angeles–specific legal notes
  
• what to do after the termination and how to support your team
  
• answers to common employer FAQs
  

Before we get into the details: Many managers use the Client Portal to securely store documents, track communications, and organize performance review records, making the termination process smoother and more compliant.

How to Know When It’s Time to Fire Someone

Firing should never be a surprise to you or the employee. The decision typically comes after repeated feedback, performance review discussions, and documented disciplinary actions.

Signs it may be time to terminate an employee:

• declining performance despite coaching attempts
  
• recurring attendance issues
  
• behavior that violates company policies
  
• consistent conflict with team members
  
• failure to meet the expectations outlined in the employee handbook
  
• poor cultural alignment
  

If you’re unsure how to fire someone who is not a good fit, start by reviewing expectations set during onboarding and performance reviews. Sometimes the issue is skill-related; other times it’s behavior or attitude.

Knowing when to fire someone comes down to documentation. If repeated efforts haven’t changed the pattern and it’s affecting operations, termination may be the next appropriate step.

How to Prepare Before Firing an Employee

Preparation reduces risk, protects your business, and ensures you meet all legal requirements.

Review Employment Laws & Documentation

Before terminating the employee:

• review labor laws in your state
  
• confirm at-will employment rules (if applicable)
  
• consult your employee handbook
  
• ensure you’ve followed your disciplinary process
  
• document performance conversations and warnings
  
• review the employment contract for termination clauses

If you haven’t created a clear operational structure yet, see our guide on business structure, which explains how companies define job roles, policies, and compliance practices.

Understanding how to fire someone legally is essential, especially in states like California, where wrongful termination lawsuit risks are higher. For Los Angeles employers specifically, check local labor laws before finalizing the decision.

Gather All Required Materials

Before the meeting, prepare:

• termination letter
  
• final paycheck and benefit information
  
• property return checklist
  
• access removal list
  
• talking points
  
• next steps for HR or payroll
  

Managers often ask “how long does it take to fire someone?”. In short, once documentation is complete, the meeting itself should be brief, typically 10–15 minutes.

Choose the Best Setting

• In-person is ideal.
  
• Over the phone is acceptable for remote employees.
  
• Text or instant messaging should only be used for confirming logistics, not delivering the news.

Knowing how to fire someone over the phone professionally requires the same structure as an in-person meeting: clarity, brevity, and respect.

How to Fire Someone Professionally

The most important part of learning how to fire someone professionally is keeping the conversation direct, respectful, and legally compliant. Your primary goal is to communicate the decision without causing confusion or unnecessary emotional escalation.

Step-by-Step Termination Meeting Guide

1. Start quickly and clearly.
   Avoid small talk. State the purpose of the meeting immediately.
   
2. Deliver the decision.
   Make the decision clear and final before explaining the reasons.
   
3. Explain why.
   Reference documented performance review notes, attendance logs, or policy violations.
   
4. Outline next steps.
   Final pay, benefits, equipment return, access removal.
   
5. Close with professionalism.
   Offer support, but don’t reopen negotiation.
   

Pro Tip: Managers often struggle with how to tell someone they are fired, but clarity is kinder than vague language.

What to Say When Letting an Employee Go (Scripts Included)

General Termination Script (Standard)

“I want to inform you that today will be your last day with the company. We’ve reviewed your performance over the past few months, and despite multiple discussions and support, the required improvements weren’t met. Here’s what happens next…”

How to Fire Someone Nicely (Example)

“This wasn’t an easy decision. We appreciate the effort you’ve made, but the role requires outcomes that haven’t been consistently met. We’re going to move forward with ending your employment, and I want to walk you through the next steps and how we can support your transition.”

This addresses how to fire someone without hurting their feelings while remaining firm.

Firing Someone for Poor Performance Script

“We’ve had multiple conversations about performance expectations, and the required changes haven’t been met. For that reason, we’re ending your employment effective today.”

Attendance-Related Firing Script

“Your attendance record has continued to impact operations. Because this pattern didn’t improve after warnings, we’re ending your employment today.”

This script covers firing someone for attendance or poor performance.

How to Fire Someone Over the Phone

“I’m calling to talk about your employment status. After reviewing your performance and previous discussions, we’re ending your employment effective today. I’ll send documentation immediately and walk you through the next steps.”

How to Fire Someone Over a Text (Not Recommended)

“Hi [Name], we need to speak today about your employment status. This can’t be handled over text. Please call me as soon as possible.”

If you’re reviewing labor costs or restructuring job responsibilities after a termination, the guide on hourly vs flat rate pricing is a helpful breakdown of how different pay models impact your operating costs.

Legal Considerations and Employee Rights

Firing Someone Legally

Termination must comply with:

• federal labor laws
  
• state employment laws
  
• anti-discrimination rules
  
• contractual obligations

When considering how to fire someone in California, remember: California has strict rules on notice periods, wrongful termination, and final paycheck timing. Additionally, Los Angeles adds local labor protections that employers must follow.

Final Pay, Documentation & Compliance

Once the meeting is complete, employers must follow state rules for final pay and required documentation. In many states, the final paycheck is due on the next regular payday, but California requires same-day payment at termination. The California Final Pay FAQ provides a clear breakdown of these timelines.

Final wages should include:

• all hours worked and overtime
  
• any required payout for unused vacation or PTO
  
• COBRA or benefits-continuation information
  
• a simple termination letter confirming the date and next steps
  
• return of company property (keys, devices, badges)
  

Finally, document the termination meeting, including what was discussed and any prior disciplinary actions. For broader legal context around worker rights and classification, the IRS guide on Independent Contractor Laws in the US is a helpful reference.

Many employers also update their internal documentation and cost tracking after a role changes hands, and the expense report guide explains how to keep these records organized and compliant.

What to Do After Firing Someone

Once the employee leaves:

• disable system access immediately
  
• notify payroll
  
• collect badges, equipment, and devices
  
• update internal documentation
  
• inform team members without oversharing
  
• redistribute responsibilities
  
• offer support (references where appropriate, job search resources)

It’s also a good time to evaluate whether your small business insurance covers employment-related risks, especially if there’s potential for legal action.

Feel Confident And Act Professionally 

Letting someone go is never a pleasant task, but a clear process makes it manageable. When you document issues early, follow your policies, and communicate the decision directly, you protect your business and keep your team moving forward. A professional termination isn’t about being harsh — it’s about being consistent, prepared, and fair.If you want an easier way to keep employee records, notes, and documents in one place throughout the employment cycle, the Client Portal can help streamline the admin so you can focus on running your business.